Party House Appeal

Party House Appeal

Posted By
Robert Humphrey

As reported by Katie Mulvaney in the September 13, 2010 edition of the
Providence Journal, the U.S. Circuit Court of Appeals is coming to Rhode
Island. The Boston based 1st Circuit Court of Appeals will be conducting oral arguments at the Roger
Williams University School of Law next month. The three panel court includes
Judge Thompson, a former judge of the Rhode Island Superior Court.

The Judges will hear the case involving the University of Rhode Island
(URI) Student Senate v. the Town of Narragansett. The case involves an
ordinance passed by the Narragansett Town Council regarding "party
houses." Pursuant to Sec. 46-31 of the Narragansett Town Ordinance
"a gathering of five or more persons on any private property in a
manner which constitutes a substantial disturbance of the quiet enjoyment
of private or public property in a significant segment of a neighborhood,
as a result of conduct constituting a violation of law," is a public
nuisance. Public drunkenness, serving alcohol to minors and excessive
noise are all examples of illegal activity. The ordinance allows the police
to place a sticker on any house that is found to be violating the ordinance
and fine violators.

The students at URI challenged the ordinance with help from the American
Civil Liberties Union (ACLU), arguing it violates their right to gather.
This case has already been argued at the lower U.S. District Court level
and the Court ruled in favor of the town of Narragansett.